Has the government extended concessions to Goldman Sachs at Najib’s expense?

 

From Tunku Abdul Aziz Tunku Ibrahim

Reports that potentially exculpatory evidence is being kept out of the hands of ex-prime minister Najib Razak raise important concerns as to whether he is being deprived of his inalienable right to a fair trial.

Last week, Judge Margo Brodie of New York’s southern district rejected Najib’s application to intervene in criminal proceedings brought by the US against former Goldman Sachs banker Roger Ng.

Najib had applied to intervene in Ng’s criminal case to secure access to protected evidence disclosed by the prosecution to Ng in the course of discovery.

Ng’s attorneys, Brafman & Associates, had in a letter dated March 12 made an astonishing claim that the US government “does not want (Najib) Razak to have discovery provided by Goldman Sachs and Leissner that would indisputably advance (his) stated factual defence.”

The evidence sought is believed to include data on four mobile phones used by former Goldman Sachs Southeast Asia chairman Tim Leissner, one of the chief conspirators behind the entire 1MDB fiasco which has robbed Malaysian taxpayers of billions upon billions of ringgit.

Leissner has admitted to funnelling some US$200 million into bank accounts which he and a relative controlled. He has also admitted to bribing unnamed Malaysian government officials as well as senior 1MDB officers.

Najib contends that those bribed may include key prosecution witnesses, and that information regarding their own corrupt acts will affect the credibility of their testimony.

The former prime minister’s defence is also that Goldman Sachs, Leissner and fugitive businessman Low Taek Jho, also known as Jho Low, may well have been working outside of his influence for their own corrupt gain.

It does not take a genius to figure out that a sizeable chunk of that evidence could well reside on Leissner’s mobile phones.

US court proceedings have now revealed that prosecutors have known for four years that these mobile phones are in Goldman Sachs’ custody.

The fact that they have not been seized shows the unusual levels of accommodation granted by the US government to Goldman Sachs and Leissner.

In October last year, the disgraced investment bank, having been charged for violating anti-bribery laws in the US, entered into a deferred prosecution agreement with the US Department of Justice.

What is unclear is whether the Malaysian government is also extending undeserved favours to Goldman Sachs and Leissner.

In December 2018, our prosecutors charged Goldman Sachs International, Goldman Sachs Singapore, Goldman Sachs Asia, Leissner, and seventeen Goldman Sachs employees under the Capital Markets and Services Act 2007.

These charges were withdrawn last year as part of a “hush-hush” settlement entered into between the government and the disgraced bank. To date, the terms of the settlement have yet to be disclosed to the public. Will they ever?

Conveniently, our government points to a confidentiality clause in the settlement agreement as the reason for the non-disclosure, but is there something in there to hide?

Media reports indicate that the bank has agreed to pay the government RM2.5 billion in compensation, heavily discounted from the original claim of RM7.5 billion bandied about previously for reasons which have yet to be explained.

Ostensibly, it appears that in exchange the bank is providing some undefined assistance to help Malaysia conduct a worldwide recovery of assets traceable to 1MDB funds. But at what price?

Have we forgotten the billions of ringgit 1MDB has cost taxpayers?

Are we prepared to condone the ill-gotten gains which have lined the pockets of unnamed government officials and 1MDB officers?

And what about Najib Razak’s right to a fair trial? Should not our government be pressing US authorities to turn over evidence favourable to him? Or is it politically convenient to look the other way? - FMT

Tunku Abdul Aziz Tunku Ibrahim is the former president of Transparency International-Malaysia.

The views expressed are those of the writer and do not necessarily reflect those of MMKtT.

✍ Credit given to the original owner of this post : ☕ Malaysians Must Know the TRUTH

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